TERMS
Terms of Service
These Terms of Service (the “Terms”) govern access to and use of the Service. Your attention is drawn in particular to clause 10 (AI Features), clause 15 (Export, Retention and Deletion) and, where you are a Business User, clauses 17 (Disclaimers), 18 (Limitation of Liability) and 19 (Indemnity). Clause 20 sets out the provisions applicable to Consumers.
1. Introduction and Definitions
1.1The Service is provided by Codeiac Single Member SA, a company incorporated in Greece with its registered office at Kyriazi 6-8, 14562 Kifisia, Greece (“we”, “us” or “our”). Email: [email protected].
1.2In these Terms, the following definitions apply:
- “Account”
- means the user account through which the Service is accessed.
- “AI Features”
- means the features of the Service that use third-party artificial intelligence services.
- “AI Output”
- means any content generated by the AI Features, including data read from business cards, research briefs and drafted company context.
- “Allowance”
- means the scans, analyses and other usage entitlements included in a Plan or purchased as a top-up.
- “Business User”
- means a person who uses the Service for purposes relating to their trade, business, craft or profession, or on behalf of an organisation.
- “Company Workspace”
- means a Workspace created for use by an organisation and its Members.
- “Consumer”
- means an individual who uses the Service for purposes wholly or mainly outside their trade, business, craft or profession.
- “Customer Content”
- means card photos, contact details, notes, ratings, collections, company context and any other material added to the Service by you or your Members, together with the AI Output generated for you.
- “Member”
- means a user admitted to a Company Workspace.
- “Owner”
- means the user who created a Company Workspace.
- “Plan”
- means the free trial, a subscription (Solo or Business), a Team Pass or any other plan offered for the Service.
- “Service”
- means the Swops application at app.swops.ai, the website at swops.ai and any related services provided by us.
- “Workspace”
- means a personal workspace or a Company Workspace within the Service.
1.3By creating an Account, accessing or using the Service or making a purchase, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
1.4Where you use the Service on behalf of a company or other organisation, you accept these Terms on its behalf and warrant that you are authorised to do so; references to “you” then include that organisation.
1.5The Data Processing Terms, the Refund Policy and the Plan details presented to you at the time of purchase form part of these Terms. The Privacy Notice describes how we process personal data as a controller.
2. Eligibility
2.1The Service is available only to persons aged 18 years or over.
2.2Certain provisions of these Terms apply only to Business Users. Clause 20 sets out the provisions applicable to Consumers.
3. Account
3.1Access to an Account is provided by means of a one-time code sent to the email address registered to that Account. You are responsible for maintaining the security of that email account; any person with access to it is able to access your Account.
3.2You are responsible for all activity under your Account and must notify us without undue delay at [email protected] of any suspected unauthorised use.
3.3You must keep the information associated with your Account accurate. Accounts are personal and must not be shared.
4. Workspaces
4.1Each Account includes a personal Workspace that may be used only by the Account holder. A Company Workspace is created by its Owner, who selects its Plan, admits and removes Members and is responsible to us for that Company Workspace.
4.2Members may view, add, edit and export the collections of a Company Workspace. Customer Content added to a Company Workspace belongs to that Workspace and remains in it if the Member who added it leaves or is removed.
4.3The Owner is responsible for the acts and omissions of the Members of its Company Workspace, including their compliance with these Terms.
5. Plans, Payment and Renewal
5.1The Plans, prices, Allowances and durations are those described on our pricing page and presented in the Service before purchase. The total price, including any applicable VAT or sales tax, is displayed at checkout before payment.
5.2Purchases are processed through Stripe Managed Payments. Sold through Link, LLC (“Link”), an affiliate of Stripe, acts as merchant of record for all our orders: it charges your payment method, collects any applicable VAT or sales tax, issues receipts and invoices, and handles payment and order support. Payment, billing, taxes, invoicing, cancellations and refunds are also governed by Link’s terms, including the Sold Through Link Terms.
5.3Subscriptions (Solo and Business) renew automatically at the end of each billing period for a period of the same length, at the price then in effect, until cancelled. A subscription may be cancelled at any time within the Service or through your Link account; cancellation takes effect at the end of the current billing period, until which access continues.
5.4One-time purchases (Team Pass and top-ups) do not renew automatically and are valid for the period stated at the time of purchase. A further Team Pass purchased for a Workspace extends its validity by 12 months from the current end date or, if the Team Pass has already ended, from the date of purchase.
5.5We may change our prices. A price change applies to an existing subscription only from the first renewal falling at least 30 days after notice of the change has been given to you. If you do not accept the new price, you must cancel the subscription before that renewal.
5.6If a payment fails or is reversed, we may suspend or terminate the Plan concerned.
5.7Refunds are governed by the Refund Policy.
6. Allowances
6.1Allowances constitute limits on the use of the Service. They have no monetary value, are not redeemable for cash, may not be exchanged, sold or transferred between Workspaces, and are non-refundable except as provided in the Refund Policy.
6.2The operations that consume an Allowance, the order in which Allowances are consumed, the rollover of unused Allowances and their expiry are as described in the Service and on our pricing page at the time of purchase. Expired Allowances lapse without compensation.
6.3Where the Service states that a failed or duplicate operation does not consume an Allowance, the Allowance concerned is reinstated automatically. For Business Users, such reinstatement is the sole and exclusive remedy for any failed or incomplete scan or analysis.
6.4We may impose reasonable limits on the volume and frequency of use of the Service and may temporarily suspend the AI Features in order to protect the Service, our service providers and other users. An Allowance does not guarantee the availability of any feature at any particular time.
7. Free Trial
7.1A free trial provides the Allowance and duration stated at sign-up. We may modify or discontinue free trials at any time.
7.2Upon expiry of a free trial that has not been upgraded to a paid Plan, the trial Workspace and all Customer Content in it are deleted. You are responsible for exporting any Customer Content you wish to retain before the free trial expires.
8. Customer Content
8.1As between you and us, you retain all rights in Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, transmit and display Customer Content, including through our service providers, solely to the extent necessary to provide, secure and support the Service, to comply with applicable law and to enforce these Terms.
8.2You are solely responsible for Customer Content and warrant that you hold all rights, permissions and legal bases necessary to add it to the Service and to permit its processing in accordance with these Terms.
8.3We may use aggregated or de-identified data relating to the use of the Service (such as counts, timings, costs and errors) that does not identify you or any individual in Customer Content, for the purpose of operating and improving the Service.
8.4We are under no obligation to monitor Customer Content but may remove it or restrict access to it where we reasonably believe that it breaches these Terms or applicable law, or where we are required to do so.
8.5Notices alleging that content in the Service infringes the rights of a third party may be sent to [email protected] and must contain sufficient detail to identify the content and the right concerned.
9. Personal Data in Customer Content
9.1Where you add information about other individuals to the Service (for example by scanning a business card) or request research on a business, you determine the purposes and means of that processing and we process the data on your behalf. To the extent data protection law applies to your use, you act as controller of that personal data and the Data Processing Terms apply.
9.2You are responsible for compliance with the data protection law applicable to your use of such personal data, including establishing a legal basis for its processing, providing the data subjects concerned with any information required by law and responding to their requests. You must not add special categories of personal data or personal data of children to the Service.
9.3Where you switch on follow-up emails, the Service sends an email, on your behalf and on your instruction, to the email address on each business card you scan into an eligible Workspace, containing your message and your own card details. You are the sender of these emails and are solely responsible for them, including for their content and for having any consent or other legal basis required to send them.
9.4You must use follow-up emails only to contact people who gave you their business card and can expect to hear from you, and not for marketing in breach of applicable law. We may limit, suspend or withdraw follow-up emails at any time, in particular following complaints.
10. AI Features
10.1The AI Features use third-party artificial intelligence services to read business cards, to research businesses from publicly available web sources and to draft text such as company context. AI Output is generated automatically.
10.2AI Output may be inaccurate, incomplete or out of date, may confuse businesses with similar names, may misread a business card and may reproduce errors contained in its sources. You are responsible for verifying AI Output before relying on it.
10.3AI Output is general business information intended to assist in preparing for business conversations. It does not constitute legal, financial, investment, credit, tax or other professional advice, nor a credit, background or compliance check, and must not be used as the sole basis for any decision concerning an individual or a business, or for any regulated purpose, without appropriate human review.
10.4You are responsible for the material you submit to the AI Features and for your use of AI Output, including ensuring that such use does not infringe the rights of any third party. AI Output provided to you may be similar to output provided to other users.
10.5AI Output may contain links to third-party websites, which we do not control and for which we accept no responsibility.
11. Acceptable Use
11.1You must not use the Service, or permit any other person to use it, to:
- contravene any applicable law or infringe the rights of any person, including under data protection, privacy, intellectual property and electronic marketing laws;
- send unsolicited communications, or collect contact details for unsolicited marketing, in breach of applicable law;
- upload or store content that is unlawful, infringing, defamatory, harassing, hateful or obscene, or that contains malicious code;
- research, track, profile, monitor or expose private individuals, including by doxxing, or for any purpose other than legitimate networking;
- deceive or mislead any person, impersonate any person, or present AI Output as verified fact;
- manipulate the AI Features to operate contrary to their intended purpose, including by prompt injection or “jailbreaking”;
- circumvent any Allowance, seat limit, usage limit or security measure, or share Accounts or sign-in codes;
- probe, scan or test the vulnerability of the Service, interfere with or overload it, or access it by automated means (including bots and scrapers) other than through features provided by us; or
- copy, resell, sublicense or reverse engineer the Service, save to the extent permitted by mandatory law, or use the Service to develop a competing product.
12. Intellectual Property
12.1We and our licensors own all rights, title and interest in the Service, including its software, design, trade marks and the materials provided by us. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable right to use the Service for the duration of your access to it. All rights not expressly granted are reserved.
12.2We may use any feedback or suggestions provided by you without restriction and without any obligation to you.
13. Changes to and Availability of the Service
13.1We may add, modify or remove features, limits and service providers (including AI providers and models) at any time.
13.2We do not warrant that the Service will be available at all times or will operate without interruption or error. The Service may be unavailable due to maintenance, updates, failures of our service providers or of the internet, or for other reasons.
13.3Features designated as beta, preview or “coming soon” are provided on an “as is” basis, may not function as described and may be modified or withdrawn at any time.
14. Suspension and Termination
14.1You may cease using the Service at any time. Subscriptions terminate in accordance with clause 5.3.
14.2We may suspend or terminate your access to all or part of the Service with immediate effect and without liability to you if:
- you commit a material or repeated breach of these Terms;
- any payment is not made or is reversed;
- we reasonably suspect fraud, abuse or a security risk;
- your use may cause harm to us, other users or third parties; or
- we are required to do so by law or by any of our service providers.
14.3We may discontinue the Service in its entirety on not less than 30 days’ notice, in which case you will receive a pro rata refund of any amount prepaid for the period following discontinuation.
14.4Upon termination, clause 15 applies. Clauses 8 to 11 and 15 to 23, and any other provision which by its nature is intended to survive, survive the termination of these Terms.
15. Export, Retention and Deletion
15.1Customer Content may be exported from the Service in CSV format at any time while the Workspace is active and, for paid Plans, during the export period following the end of paid access. The export comprises, for each contact, the contact details, priority, notes and capture date and, where selected, the date, overview and in-depth section of any saved business analysis. Card photos and full research briefs may be viewed within the Service for as long as access continues.
15.2Upon the end of paid access (including following cancellation, non-renewal or expiry of a Team Pass), the Workspace becomes read-only for 30 days to permit export. Upon expiry of that period, all Customer Content in the Workspace, including contacts, notes, card photos, research and company context, is permanently deleted.
15.3Free trial Workspaces are deleted upon expiry of the free trial in accordance with clause 7.2.
15.4Deleted Customer Content cannot be restored. Backup copies are deleted in the ordinary course as backups are replaced.
15.5The Service is not a backup or archiving service. You are responsible for retaining your own copies of Customer Content. We accept no liability for Customer Content deleted in accordance with these Terms or by you or your Members.
16. Third-Party Services
16.1The Service relies on third-party services, including hosting, storage, network, email, AI and payment providers. Purchases are also subject to Link’s terms.
16.2Links to third-party websites, including sources cited in AI Output, are provided for convenience only. We are not responsible for such websites or their content.
17. Disclaimers (Business Users)
17.1This clause applies to Business Users only. The Service, including all AI Output, is provided “as is” and “as available”. To the fullest extent permitted by law, we exclude all warranties, conditions and representations, whether express or implied, including as to quality, fitness for a particular purpose, accuracy, completeness, non-infringement, availability and security, and any warranty that the Service will be uninterrupted or error-free or that Customer Content will not be lost.
18. Limitation of Liability (Business Users)
18.1This clause applies to Business Users only.
18.2Nothing in these Terms excludes or limits any liability which cannot be excluded or limited under applicable law, including liability for intent or gross negligence.
18.3Subject to clause 18.2, we shall not be liable for any:
- loss of profit, revenue, business, contracts, opportunities or anticipated savings;
- loss of goodwill or reputation;
- loss or corruption of data or Customer Content;
- indirect, consequential or special loss;
- loss arising from AI Output or from reliance on it; or
- loss arising from Customer Content, from your breach of these Terms or from your use of the Service in breach of applicable law.
18.4Subject to clause 18.2, our total aggregate liability for all claims arising out of or in connection with the Service, these Terms or the Data Processing Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the amounts paid for your use of the Service, excluding taxes, in the 12 months preceding the event first giving rise to liability or, if no amount was paid in that period, EUR 50.
18.5The prices of the Service reflect the allocation of risk set out in this clause.
19. Indemnity (Business Users)
19.1This clause applies to Business Users only. You shall defend, indemnify and hold harmless us, our affiliates and our and their respective directors, employees and service providers from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
- Customer Content, including follow-up emails sent on your behalf;
- your use of the Service in breach of these Terms or applicable law, including data protection law and claims by individuals whose personal data you added to the Service; or
- your use of AI Output.
20. Consumers
20.1This clause applies to Consumers only. Nothing in these Terms affects your statutory rights as a Consumer, including the legal guarantee of conformity of the Service with these Terms and the remedies available if it does not conform. Where any provision of these Terms conflicts with rights that may not be excluded or limited by law, those rights prevail.
20.2Clauses 17 to 19 do not apply to you. We are liable for loss you suffer which is a foreseeable result of our breach of these Terms or of our statutory obligations. We are not liable for loss which was not foreseeable at the time you accepted these Terms, for loss caused by your breach of these Terms or of applicable law, for events beyond our reasonable control (clause 21), or for business losses, including loss of profit, business or opportunity.
20.3If you reside in the European Union, the European Economic Area or the United Kingdom, you may have a statutory right to withdraw from a purchase within 14 days of receiving access to the Service, which is administered by Link and described in the Refund Policy.
20.4If we modify the Service or these Terms in a manner that adversely affects your access to or use of the Service to more than a minor extent, we will notify you in advance, and you may terminate your paid Plan free of charge within 30 days of the modification and receive a pro rata refund of any amount prepaid for the period following termination.
20.5These Terms are governed by Greek law, without prejudice to the protection afforded to you by the mandatory provisions of the law of your country of habitual residence.
21. Force Majeure
21.1We shall not be liable for any delay in performance or failure to perform caused by events beyond our reasonable control, including failures of the internet, power supply, hosting, storage, network, email or AI service providers, cyberattacks, natural disasters, epidemics, war, industrial action and acts of government.
22. Amendments
22.1We may amend these Terms for valid reasons, including changes in applicable law, in the Service, in our service providers or in the manner in which our Plans are offered, or to improve their clarity. The amended Terms will be published on this page together with their effective date.
22.2Where an amendment materially affects you, we will notify you by email or within the Service at least 14 days before it takes effect, save where an earlier effective date is required for legal or security reasons.
22.3Continued use of the Service after an amendment takes effect constitutes acceptance of the amended Terms. If you do not accept an amendment, you must cease using the Service and cancel any subscription before the amendment takes effect.
23. General
23.1Assignment. We may assign or transfer our rights and obligations under these Terms to an affiliate or to a successor to our business. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
23.2Entire agreement. These Terms, together with the documents referred to in clause 1.5, constitute the entire agreement between you and us concerning the Service and supersede all prior understandings.
23.3Severability. If any provision of these Terms is held invalid or unenforceable, it shall apply to the maximum extent permitted and the remaining provisions shall continue in full force and effect.
23.4Waiver. No failure or delay in exercising any right shall operate as a waiver of that right.
23.5Third parties. No person other than you and us has any rights under these Terms.
23.6Notices. We may give notices by email to the address associated with your Account or within the Service. Notices to us must be sent to [email protected].
23.7Language. These Terms are drawn up in English. Any translation is provided for convenience only, and the English version prevails.
23.8Governing law and jurisdiction. These Terms and any dispute or claim arising out of or in connection with them or the Service are governed by Greek law. Where you are a Business User, the courts of Athens, Greece, have exclusive jurisdiction. Where you are a Consumer, clause 20.5 also applies.
24. Contact
Kyriazi 6-8, 14562, Kifisia, Greece
Phone +30 210 444 5734 · [email protected]